ATTORNEY General and Minister of Legal , Basil Williams SC, issued the Government’s interpretation of Article 161 (2) which has to do with the eligibility for consideration to be on the list of nominees to be appointed Chairman of the Guyana Elections Commission (GECOM). According to the AG the “list of candidates must include the persons required by the Constitution in the priority category, supported by the proviso.” Article 161 (2) states, “the Chairman of the Elections Commission shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the Leader of the Opposition after meaningful consultation with the non-governmental political parties represented in the National Assembly.”
The article highlights three such persons– 1) a person who holds or who has held office as a judge; 2) or who is qualified to be appointed as any such judge; 3) or any other fit and proper person. Submitting a list is not new. It was done before by Leader of the Opposition Cheddi Jagan to President Desmond Hoyte, and Leader of the Opposition Desmond Hoyte to Presidents Cheddi Jagan, Janet Jagan and Bharrat Jagdeo. Should the past be used a guide it would be acknowledged in this area it has served the country well and the nominees presented were not considered controversial by the society.
Leader of the Opposition Bharrat Jagdeo, since the AG’s submission, has said he will submit another list. With Guyanese being fatigued that a matter this simple has dragged on this long, it is reasonable to expect the new list will spare the society another drawn out process where citizens are subjected to another bout of political brinkmanship. Former GECOM Chairman, Dr. Steve Surujbally, has not only resigned since last November, but as of February 28, has vacated the office. This is an office that would be best served if it is not left vacant for too long. The role of GECOM is critical to safeguarding and improving our electoral system and in fledgling democracies vigilance is necessary at every stage.
As the Chairman of GECOM, with fifteen years’ service, Surujbally’s was the longest under the Carter formula. It was a service with notable improvements and setbacks. One of the improvements is the continuous registration process which in itself could be built on with a view of expediting the issuance of national identification cards. Hopefully the new chairman and the commissioners will find such worthy for examination and implementation.
This period also marked the angst of citizens on both sides of the political divide. In 2006 a section of the society was upset with GECOM for the allocating of a seat won in Region 10 by the Alliance for Change (AFC) to the People’s Progressive Party/Civic (PPP/C). Then in the 2011, were it not for the vigilance of Commissioner Vincent Alexander, a declaration would have been made giving a seat to the PPP/C which it did not deserve, based on the valid ballots cast.
When in 2015 the PPP/C lost the government, it held several protests and called for Surujbally’s resignation, accusing him of compromising the electoral process that led to its defeat. Yet it was under Dr Surujbally’s leadership the long denied and awaited Local Government Elections were held. The conduct of this election was free of allegations of fraud. The incoming chairman will be coming to the office, viewed by society, with some degree of scepticism. He/she will be required, from get go, to create the climate free of partisan political accusation and set about improving the system the predecessors bequeathed. Experience will show the hounding of Surujbally by the PPP/C, including the allegations made against him by the party that this job not only requires the proverbial thick skin but the ability to keep focused, with the intention of delivering future elections that are not only free and fair, but also free from fear.